Or. Admin. Code § 735-063-0315

Current through Register Vol. 63, No. 12, December 1, 2024

Section 735-063-0315 - [Effective until 5/12/2025] Commercial Driving Privileges; Federal Drug and Alcohol Clearinghouse; Cancellations

(1) In accordance with ORS 807.166, DMV shall query DACH prior to issuance, renewal or replacement of commercial driving privileges, including upgrading, adding restrictions and transferring a person's CDL privileges.

(2) DMV may not issue CDP to an applicant or renew an applicant's CDL when the query described in section (1) of this rule indicates the driver is prohibited from operating a CMV due to a violation of 49 CFR part 382, subpart B.

(3) DMV may initiate a query with DACH, or receive information from DACH without initiating a query, regarding an Oregon CDP holder.

(4) DMV shall cancel a person's CDP if DMV determines information from DACH indicates the CDP holder is prohibited from operating a CMV.

(5) After DMV cancels a person's CDP under section (4) of this rule, the person may apply to regain an Oregon CDP. When the person applies for CDP, DMV will query DACH as described in section (1) of this rule. DMV will issue CDP to the person only if DACH indicates the person is not prohibited from operating a CMV and all other requirements for issuance of CDP are met.

(6) A person whose CDP has been cancelled under section (4) of this rule may be issued a Class C noncommercial driver license described in ORS 807.031(5) or an identification card described in ORS 807.400, if all other requirements for issuance are met.

(7) If FMCSA notifies DMV that a CDP driver was erroneously placed in a prohibited status in DACH, DMV shall remove any reference to the driver's prohibited status from the CDLIS driver history and terminate the cancellation imposed under this rule. DMV will remove the cancellation from the driver record and restore the record to the status as it existed before the erroneous notification.

(8) Notwithstanding section (9) of this rule, DMV shall record a new sanction added to a CDLIS driver record during the period when DMV records show the driver had a prohibited status.

(9) DMV may not include any details of a DACH cancellation in the CDLIS driver history record for the CDP driver, including: a State-to-State Status request, State-to-State History request, and a Change State of Record request.

Or. Admin. Code § 735-063-0315

DMV 31-2024, temporary adopt filed 11/05/2024, effective 11/14/2024 through 5/12/2025

Statutory/Other Authority: ORS 184.619, 802.010, 807.166 & 809.310

Statutes/Other Implemented: ORS 807.166 & 49 CFR Part 382